Kansas Statutes 40-3109. Same; injuries for which payment of benefits required; liability for payment by two or more insurers; policy providing primary benefit coverage
(a) A self-insurer or the insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are required to be provided by this act or in such owner’s policy of motor vehicle liability insurance for any injury:
(1) Sustained within the United States of America, its territories or possessions or Canada by the owner while:
Terms Used In Kansas Statutes 40-3109
- Injured person: means any person suffering injury. See Kansas Statutes 40-3103
- Injury: means bodily harm, sickness, disease or death resulting from an accident arising out of the ownership, maintenance or use of a motor vehicle. See Kansas Statutes 40-3103
- Insurer: means any insurance company, as defined by Kan. See Kansas Statutes 40-3103
- Motor vehicle: means every self-propelled vehicle of a kind required to be registered in this state, including any trailer, semitrailer or pole trailer designed for use with such vehicle, but such term does not include a motorized bicycle. See Kansas Statutes 40-3103
- Owner: means a person, other than a lienholder, having property in or title to a motor vehicle, including a person who is entitled to the use and possession of a motor vehicle subject to a security interest held by another person, but such term does not include a lessee under a lease not intended as security. See Kansas Statutes 40-3103
- Person: means an individual, partnership, corporation or other association of persons. See Kansas Statutes 40-3103
- Personal injury protection benefits: means the disability benefits, funeral benefits, medical benefits, rehabilitation benefits, substitution benefits and survivors' benefits required to be provided in motor vehicle liability insurance policies pursuant to this act. See Kansas Statutes 40-3103
- Self-insurer: means any person effecting self-insurance pursuant to subsection (f) of Kan. See Kansas Statutes 40-3103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(A) Occupying a motor vehicle not excluded by subsection (a) of Kan. Stat. Ann. § 40-3108, and amendments thereto; or
(B) not an occupant of a motor vehicle if the injury is caused by physical contact with a motor vehicle;
(2) sustained by a relative of the owner residing in the same household, under the circumstances described in paragraph (1) of this subsection, if the relative at the time of the accident is not the owner of a motor vehicle with respect to which a motor vehicle liability insurance policy is required by this act;
(3) sustained in this state by any other person while occupying such motor vehicle or, if a resident of this state, while not an occupant of such motor vehicle if the injury is caused by physical contact with such motor vehicle, and the injured person is not the owner of a motor vehicle with respect to which a motor vehicle liability insurance policy is required under this act.
(b) If two or more insurers or self-insurers are liable to pay personal injury protection benefits for the same injury to any one person, the maximum benefits payable from all applicable policies shall be the highest limit of any one policy providing such personal injury protection benefits. The primary personal injury protection coverage shall be provided by the policy covering:
(1) The motor vehicle occupied by the injured person at the time of the accident; or
(2) the motor vehicle causing such physical contact.